§ 15-50. Penalties.

(a)

Whoever owns or drives any vehicle or combination of vehicles in violation of any rule, regulation, directive, or requirement of the Webster Parish Police Jury adopted pursuant to this article shall be assessed a penalty of not more than one hundred seventy-five [dollars] ($175.00) for each initial violation and not more than five hundred dollars ($500.00) for subsequent violations.

(b)

Except as provided for in subsections (1), (2), and (4) below, whoever owns or operates any vehicle or combination of vehicles in violation of any rule, regulation, directive, or requirement of the Webster Parish Police Jury adopted under this article shall be required to reduce the load to the maximum permissible gross weight and shall be assessed a penalty on such weight which exceeds the permissible gross weight as defined by section 15-46 or maximum allowable axle weights, whichever results in the higher fine in accordance with the following schedule:

(c)

Overweight penalties.

Overweight Pounds	Penalty
1,000 to 1,999	$.01 per pound in excess of legal limit
2,000 to 2,999	$.02 per pound in excess of legal limit
3,000 to 3,999	$.03 per pound in excess of legal limit
4,000 to 4,999	$.04 per pound in excess of legal limit
5,000 to 5,999	$.05 per pound in excess of legal limit
6,000 to 6,999	$.06 per pound in excess of legal limit
7,000 to 7,999	$.07 per pound in excess of legal limit
8,000 to 8,999	$.08 per pound in excess of legal limit
9,000 to 9,999	$.09 per pound in excess of legal limit
10,000 to 10,999	$.10 per pound in excess of legal limit
11,000 and over	$.11 per pound in excess of legal limit

 

(1)

Any truck hauling concrete or construction aggregates shall not be assessed a penalty for exceeding the maximum allowable axle weights if such truck does not exceed the maximum permissible gross weight as provided in section 15-35.

(2)

Any truck hauling hot mix asphalt which is performing work pursuant to a contract with the state or the governing authority of a parish or municipality shall not be assessed a penalty for exceeding the maximum allowable axle weights if such truck does not exceed the maximum permissible gross weight as provided in section 15-46.

(3)

Any truck fitted with a compactor body which is engaged in the collecting and hauling of solid waste including residential solid waste, agricultural waste, commercial solid waste, and yard trash as defined by the Department of Environmental Quality shall not be assessed exceeding the maximum allowable axle weights if such truck does not also exceed the maximum permissible gross weight as provided in section 15-46. Such truck shall not be assessed a penalty for exceeding its maximum permissible gross weight, as determined by law or pursuant to issuance of a special permit, if the waste is wet and the location from which the waste was collected received measurable precipitation (.25 inches or more), as recorded by the National Weather Service recognized observation stations, within twenty-four (24) hours prior to collection provided the total excess weight is ten (10) percent or less of the truck's maximum permissible gross weight. If the total excess weight is greater than ten (10) percent of the truck's maximum permissible gross weight, as determined by law or pursuant to issuance of a special permit, the assessed penalty shall be calculated only on that portion of the excess weight above the ten (10) percent allowance for water weight.

(4)

Prior to assessment of a penalty for exceeding the maximum permissible gross weight, the owner or operator is authorized to shift the load to reduce or eliminate any excess axle weight penalties as long as no part of the shipment is removed.

(5)

Penalties for both failing to possess a required special permit and operating a vehicle in violation of section 15-35 arising from the same activity may be assessed and shall be cumulative in nature.

(6)

Whoever owns or drives a vehicle or combination of vehicles without a proper escort when such escort is required by a special permit shall be assessed a penalty of one hundred dollars ($100.00), and the vehicle or combination of vehicles shall be impounded until proper escort is secured by the permittee.

(7)

Whoever owns or drives any vehicle or combination of vehicles in violation of any rule, regulation, directive, or requirement of the Webster Parish Police Jury adopted pursuant to this article or in violation of the terms and conditions of any special permit issued under this article shall be assessed a penalty of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00).

(8)

Whoever owns or drives a vehicle or combination of vehicles in violation of an overweight special permit shall be assessed a penalty for each pound of gross weight in excess of the weight authorized by the special permit weight in accordance with the following schedule and shall increase the permissible gross weight authorized by the special permit if he shall satisfy any special conditions imposed by the Webster Parish Police Jury (annual permits cannot be amended) or otherwise shall reduce his load to the maximum weight allowed under the special permit.

Excess weight over authorized weight	Pounds over permit penalty
0 to 3,000	$.02 a pound
3,001 to 5,000	$.03 a pound
5,001 to 10,000	$.04 a pound
10,000 and over	$.05 a pound + $100.00

 

(9)

Payments and penalties imposed shall be remitted to the Webster Parish Police Jury.

(10)

Upon completion of the proper vehicle inspection report required by the Webster Parish Police Jury, a letter shall be sent to the owner/operator of the vehicle advising what if any action shall be taken in regard to that report. The letter will advise of all fines that may have resulted from the report, how they may be paid, and the proper method of appeal.

(11)

Upon discovery of any vehicle or combination of vehicles operated in violation of the laws, regulations, rules, or ordinances set forth by the Webster Parish Police Jury regulating the movement/operation of commercial motor vehicles in the Parish of Webster, the vehicle or combination of vehicles shall not be impounded but may be directed by the Webster Parish Police Jury to the nearest appropriate place suitable for unloading to its licensed gross weight or maximum size and weight requirements as set forth by the Webster Parish Police Jury and storage of said product to preserve it for its intended use in commerce and in either case shall be detained or unloaded at the expense and responsibility of the owner or driver.

(d)

Authority of the Webster Parish Police Jury.

(1)

The Webster Parish Police Jury as an exercise of the police powers of the Parish of Webster shall supervise and regulate all traffic, on all roadways within the Parish roadway system and shall have the authority, in its discretion, to regulate traffic on all roadways within Webster Parish including city streets, state, federal, and interstate highways.

(2)

The Webster Parish Police Jury may restrict traffic on limited access highways; temporarily reducing the permissible weight of vehicles, which may operate thereon. On specified roadways, when due to, but not limited to, deterioration, abuse, climatic conditions or the making of required repairs, it will be done in accordance with the proper posting of signs at the terminal of said roadways, giving notice of such traffic regulation.

(3)

Any regulation or ordinance promulgated by the Webster Parish Police Jury pursuant to the authority granted by this section or by any other provision of law shall become effective when filed with the Clerk of Court of Webster Parish. All rules and regulations promulgated by the Webster Parish Police Jury relative to commercial vehicle enforcement, payment and collection procedures shall be adopted in accordance with law.

(Ord. No. 994, 8-3-2010; Ord. No. 994-Amend., 2-1-2011)